S.1416 - National Defense Authorization Act for Fiscal Year 2002107th Congress (2001-2002)
|Sponsor:||Sen. Levin, Carl [D-MI] (Introduced 09/12/2001)|
|Committees:||Senate - Armed Services|
|Committee Reports:||S. Rept. 107-62|
|Latest Action:||Senate - 09/12/2001 Placed on Senate Legislative Calendar under General Orders. Calendar No. 155. (All Actions)|
|Notes:||For further action, see S. 1438, which became Public Law 107-107 on 12/28/2001.|
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Summary: S.1416 — 107th Congress (2001-2002)All Information (Except Text)
National Defense Authorization Act for Fiscal Year 2002 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2002 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement.
Reported to Senate without amendment (09/12/2001)
(Sec. 104) Authorizes appropriations for FY 2002 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the chemical demilitarization program; and (4) defense health programs.
Subtitle B: Army Programs - (Reserved)
Subtitle C: Navy Programs - Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to: (1) increase from five to seven the number of Virginia class submarines the Secretary of the Navy is authorized to procure; and (2) extend through FY 2007 the authorized period for such procurement.
(Sec. 122) Authorizes the Secretary of the Navy, beginning with the 2002 program year, to enter into a multiyear contract for the procurement of engines for F/A-18E/F aircraft.
(Sec. 123) Prohibits the production rate for V-22 Osprey aircraft from being increased above the minimum sustaining rate for which funds are authorized by this Act until the Secretary of Defense (Secretary) certifies Congress with respect to the successful operational testing of such aircraft.
Subtitle D: Air Force Programs - Authorizes the Secretary of the Air Force, beginning with the 2002 program year, to enter into a multiyear procurement contract for up to 60 C-17 aircraft.
Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1998 to extend through FY 2002 a pilot program on sales of manufactured articles and services of Army industrial facilities without regard to their availability from commercial sources.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2002 for the armed forces for research, development, test, and evaluation (RDT&E). Earmarks specified amounts for basic and applied research projects.
Subtitle B: Program Requirements, Restrictions, and Limitations - Amends prior defense authorization Acts and the Department of Defense Appropriations Act, 2001 to repeal limitations on total costs of engineering and manufacturing development under the F-22 aircraft program.
(Sec. 212) Directs the Secretary of the Air Force to ensure that engineering and manufacturing development under the C-5 aircraft reliability enhancement and reengining program includes kit development for an equal number of C-5A and B aircraft.
(Sec. 213) Directs the Under Secretary of Defense for Acquisition, Technology, and Logistics to review the requirements of the Marine Corps and the Special Operations Command that the V-22 Osprey is intended to meet in order to identify potential alternative means for meeting such requirements if the V-22 program were to be terminated. Provides funding from RDT&E funds.
(Sec. 214) Amends the Spence Act to prohibit funds appropriated to the Department of Defense (DOD) during FY 2002 from being obligated for the procurement of a vaccine for the biological agent anthrax until certain submissions from the Secretary to the defense and appropriations committees. (Currently, funds authorized to be appropriated by the Spence Act are prohibited from being so used.)
Subtitle C: Missile Defense - Prohibits funds authorized by this Act for ballistic missile defense from being obligated or expended for any activity that would be inconsistent with the Anti-Ballistic Missile Treaty of 1972 unless: (1) such Treaty has been modified or superseded so as to permit such activity; or (2) the President makes a certification to Congress with respect to efforts to negotiate a new ballistic missile strategic framework, or that it would be in the national security interest to undertake such activity, and Congress enacts a joint resolution approving such activity. Provides expedited joint resolution procedures.
(Sec. 222) Provides revised program elements for ballistic missile defense programs. Outlines additional information to be required with each program element. Requires budget justification materials to separately set forth amounts requested for established programs. Empowers the Secretary, in the national interest, to vary amounts authorized for an established program after notifying Congress of the intent to do so and waiting 15 days thereafter. Repeals a provision requiring the display within DOD defense-wide procurement accounts of individual amounts for procurements under ballistic missile defense programs.
(Sec. 223) Directs the Secretary to submit to the defense and appropriations committees a baseline document for the ballistic missile defense research and development program through the period covered by the latest future-years defense program submitted to Congress. Requires annual document updates through 2010. Requires the Secretary, with each such update, to submit to such committees a program of activities planned to be carried out during the fiscal year submitted and the next two fiscal years. Requires: (1) an interim plan for activities during FY 2002 and 2003; and (2) that no more than 25 percent of ballistic missile defense RDT&E funds may be obligated or expended before the date on which the interim plan is submitted.
Subtitle D: Other Matters - Directs the Secretary to carry out a technology transition initiative to facilitate the rapid transition of new technologies from science and technology programs of DOD into acquisition programs for the production of such technologies. Provides for jointly funded projects between military departments. Establishes the Technology Transition Fund for the initiative.
(Sec. 232) Requires the Director of Operational Test and Evaluation to ensure that safety concerns developed during the operational test and evaluation of a weapon system under a major defense acquisition program are timely communicated to the program manager for consideration in the acquisition decisionmaking process.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2002 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD.
(Sec. 302) Authorizes appropriations for FY 2002 for: (1) working capital and revolving funds; and (2) the Armed Forces Retirement Home.
(Sec. 304) Earmarks specified O&M funds for: (1) assistance to local educational agencies that benefit dependents of military personnel and DOD civilian employees; (2) impact aid for children with severe disabilities, as authorized under the Spence Act.
Subtitle B: Environmental Provisions - Establishes within the DOD environmental restoration account the Environmental Restoration Sub-Account, Unexploded Ordnance and Related Constituents.
(Sec. 312) Directs that a currently-required annual report from the Secretary to Congress on DOD environmental restoration activities include a comprehensive assessment of the extent of unexploded ordnance and related constituents at current and former DOD facilities, including an estimate of the aggregate projected costs to remediate such ordnance.
(Sec. 313) Directs the Secretary to carry out a program to significantly improve the energy efficiency of DOD facilities through 2010, with specified energy reduction goals by 2005 and 2010. Outlines strategies to be followed by the Secretary to improve DOD energy efficiency. Requires annual reports through 2010 from the Secretary to the defense and appropriations committees on progress made in achieving such goals.
(Sec. 314) Amends the National Defense Authorization Act for Fiscal Year 1998 to extend through FY 2003 a pilot program for the sale of air pollution emission reduction incentives.
(Sec. 315) Authorizes the Secretary of the Navy, using O&M environmental restoration funds, to pay a specified amount to the Hooper Sands Special Account within the Hazardous Substance Superfund for certain environmental response costs in connection with the Hooper Sands site in South Berwick, Maine.
(Sec. 316) Repeals a provision which terminates, for bonds executed after December 31, 1999, the requirement of a surety bond in connection with a Federal procurement contract for environmental response activities under the defense environmental restoration program.
(Sec. 317) Directs the Secretary to coordinate with the Administrator of General Services to ensure that only hybrid electric vehicles are procured by the Administrator for the DOD fleet of light duty trucks that is not in a fleet to which the Energy Policy Act of 1992 applies. Authorizes the Secretary to waive the policy of procuring only hybrid electric vehicles for such fleet in special cases. Requires the Secretary, for fiscal years 2005 and thereafter, to procure hybrid electric vehicles in excess of electric vehicle purchase requirements outlined in the above Act. Requires a report from the Secretary to Congress.
Subtitle C: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes the Secretary to enter into rebate agreements with producers of food provided in commissary stores as a supplemental food under DOD's supplemental food program. Limits such agreements to a one-year period.
(Sec. 322) Directs the Secretary of the military department concerned to pay the Defense Commissary Agency an amount to be determined for any use of a commissary facility other than commissary sales or operations in support of such sales.
(Sec. 323) Adds to information authorized to be protected from disclosure by the Secretary to the public information gathered through sales scanners in a military commissary and providing the following: (1) data relating to sales of goods or services; (2) demographic information on customers; (3) information pertaining to commissary transactions and operations; and (4) business programs, systems, and applications (including software) relating to commissary operations that were developed with funding derived from commissary surcharges. Authorizes the Secretary, using competitive procedures, to enter into a contract to sell all such protected information or to grant to a business a license to use the commissary's business programs.
Subtitle D: Other Matters - Authorizes the Secretary to provide specified types of support for the counterdrug activities of any other Federal department or agency, or of any State, local, or foreign law enforcement agency, including equipment maintenance and repair, transportation of personnel, and counterdrug related training. Authorizes the Secretary to: (1) contract for such support. Allows the Secretary to provide such support when the importance of providing the support outweighs any short-term adverse effect; and (2) plan and execute otherwise valid military training or operations in providing such support. Requires the Secretary to notify the defense and appropriations committees and wait 21 days thereafter when deciding to undertake a military construction project in connection with such support.
(Sec. 332) Prohibits amounts expended from FY 2002-2004 depot-level maintenance and repair funds for the performance of a depot-level maintenance and repair workload by non-federal personnel at a Center of Industrial and Technical Excellence from being counted against the limitation on private-sector performance of depot-level maintenance.
(Sec. 333) Authorizes the Secretary of the Air Force to make a grant to the Lafayette Escadrille Memorial Foundation, Inc., for the repair, restoration, and preservation of the Lafayette Escadrille Memorial in Marnes la-Coquette, France.
(Sec. 334) Amends the Spence Act to authorize the Secretary of the Navy to contract for one or more additional increments of work stations under the Navy-Marine Corps Intranet program. Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to determine the number of increments and to report that and related information to the defense and appropriations committees. Prohibits the Under Secretary from making such determination until certain test and evaluations have taken place, with a related certification. Prohibits the Under Secretary from adding the additional increments until there has been a full transition of at least 20,000 work stations to the Navy-Marine Corps Intranet, the work stations have met certain specifications, and there is a certification that work station test results are acceptable.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth authorized end strengths for active-duty forces as of the end of FY 2002.
(Sec. 402) Authorizes an increase of one-half percent in the daily average number of Navy enlisted personnel on active duty in pay grade E-8.
Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 2002 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth the minimum end strength for FY 2002 for Army and Air Force dual status military technicians.
(Sec. 414) Places specified FY 2002 limitations on the number of non-dual status technicians authorized to be employed by the Army and Air Force.
(Sec. 415) Replaces provisions providing authorized end strengths for reserve officers serving on active duty or full-time National Guard for administrative purposes with limitations on the number of reserve officers and senior enlisted members serving on such duty for administration of the reserve components. Authorizes the Secretary to increase such limits by up to five percent in the national interest.
(Sec. 416) Authorizes the Secretary to increase the: (1) end strengths for active-duty personnel by the number of reserve personnel serving on active duty in support of a contingency operation; (2) authorized daily average number of active-duty enlisted personnel in pay grades E-8 or E-9 by the number of reserve enlisted personnel in such pay grades who are called to active duty in support of a contingency operation; (3) authorized end strengths for active-duty commissioned officers in pay grades O-4 through O-6 by the number of reserve commissioned officers serving on active duty in such pay grades in support of a contingency operation; and (4) authorized end strengths for active-duty general and flag officers by the number of reserve officers serving on active duty in such grades in support of a contingency operation.
Subtitle C: Authorization of Appropriations - Authorizes appropriations for FY 2002 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Increases from: (1) major general to lieutenant general the grade for the Vice Chief of the National Guard Bureau; (2) brigadier general to major general the grade for the heads of the Nurse Corps for the Army and Air Force; and (3) rear admiral (lower half) to rear admiral (upper half) the grade for the head of the Navy Nurse Corps or Medical Service Corps.
Establishes within the Army Veterinary Corps the positions of Chief and Assistant Chief.
Increases the percentage of commissioned officers authorized to serve in the Army or Air Force above the grade of major general. States that any officer serving as the Senior Military Assistant to the Secretary of Defense in the grades of general or lieutenant general, or admiral or vice admiral, shall be considered in addition to the authorized number of such officers that would otherwise be authorized for that military department. Excludes similarly the Chief and Vice Chief of the National Guard Bureau.
(Sec. 502) Reduces from two years to eighteen months the time-in-grade required before promotion of first lieutenants or lieutenants (junior grade).
(Sec. 503) Authorizes the President, upon approval of a recommendation of the Secretary of the military department concerned, to promote to the grade of captain or lieutenant all fully-qualified officers on the active duty or reserve active-status lists in the permanent or temporary grade of first lieutenant or lieutenant (junior grade) who would otherwise be eligible for promotion to the next higher grade by a promotion selection board. Allows the Secretary concerned to make such recommendation when such officers are needed in the next higher grade to accomplish mission objectives. Treats any such recommendation the same as a positive report of a selection board that is approved by the President.
(Sec. 504) Authorizes the Secretary concerned to adjust the date of rank of an active-duty or reserve officer appointed to a higher grade if the appointment is to a grade below O-7 and is delayed by reason of unusual circumstances that cause an unintended delay in the processing or approval of either a report of a promotion selection board or the promotion list established on the basis of such a report.
(Sec. 505) Authorizes the Secretary concerned to extend the deferment of retirement or separation of an officer for an additional period of up to 30 days after the completion of an evaluation of the officer's physical condition if such Secretary determines that continuation of the deferment would facilitate the officer's transition to civilian life.
(Sec. 506) Exempts from the limitation on the number of retired officers authorized to be ordered back to active duty those ordered to serve as defense or service attaches.
(Sec. 507) Authorizes the Secretary to delegate to either the Under or Deputy Secretary of Defense for Personnel and Readiness the authority to certify the satisfactory performance, for retirement purposes, of officers in grades above major general and rear admiral.
(Sec. 508) Allows an officer, upon termination of a suspension by the President of certain laws relating to military promotion, retirement, and separation due to national security, to elect the date for such separation or retirement, as long as the date chosen is no longer than 90 days after the termination of such suspension.
(Sec. 509) States that an officer shall hold the grade of captain while serving as Officer in Charge of the United States Navy Band.
Subtitle B: Reserve Component Personnel Policy - Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to extend through FY 2003 the authority for the temporary waiver of the requirement for a baccalaureate degree prior to promotion for certain Army reserve officers.
(Sec. 512) Provides for the retroactive application of placement on the reserve active status list of certain reserve officers on active duty for three years or less.
(Sec. 513) Provides housing requirements under which reserve members shall be considered to be deployed for purposes of managing deployments of all personnel.
(Sec. 514) Requires a member of the Individual Ready Reserve or inactive National Guard to be examined for physical fitness to determine fitness for military duty or promotion, attendance at a school of the armed forces, or other action related to career progression.
(Sec. 515) Makes a reserve member eligible for medical and dental care, disability retirement, basic pay and other compensation, and certain other benefits if such member remains overnight at a duty station within normal commuting distance of home for reasons authorized under applicable regulations.
(Sec. 516) Requires a reserve officer on the active status list who is eligible for retirement due to failure of promotion, years of service, selection for early removal, or for age to be transferred to the Retired Reserve if the officer is qualified for the Retired Reserve and does not request not to be so transferred. (Currently, such an eligible officer must be transferred to the Retired Reserve if he or she is qualified and specifically requests such transfer.) Provides identical requirement with respect to reserve officers and reserve enlisted personnel eligible for discharge or retirement due to years of service or age.
(Sec. 517) Repeals the eligibility of a member of the reserves traveling for annual training duty to travel in a space-required status on military aircraft between the member's home and the place of training.
Subtitle C: Education and Training - Amends the National Defense Authorization Act for Fiscal Year 2000 with respect to the Army's College First Program (also known as Delayed Entry) to: (1) increase from two years to 30 months the maximum period of delayed entry after the receipt of higher education or technical or vocational training; (2) require a person to be enrolled in and pursuing a program of education before paying him or her a monthly allowance during the delay period; (3) make the allowance paid equal to the subsistence allowance paid to certain member of the Senior Reserve Officers' Training Corps (ROTC); (4) allow a member of the Selected Reserve to be paid an allowance only for months during which the member performs satisfactorily in training; (5) make those who receive such allowance ineligible for the defense educational loan repayment program; and (6) require pro rata recoupment of the allowance paid for a person who fails to complete the full period of required service.
(Sec. 532) Repeals the current limitation on the total number of authorized Junior ROTC units.
(Sec. 533) Allows a commissioned officer who has been detailed to an accredited law school for legal training to also accept a military scholarship, fellowship, or grant for such training, but requires service obligations incurred to run consecutively.
(Sec. 534) Authorizes the: (1) Commandant of the Defense Language Institute to confer an Associate of Arts degree in a foreign language; and (2) President of the Marine Corps University to confer the degree of master of strategic studies. Requires the Secretary of Education to notify the Secretary of the Navy, with respect to the latter degree, that educational requirements typically imposed for awards of degrees of masters of arts have been met by the Marine Corps University in awarding its degree.
(Sec. 536) Increases from 40 to 60 the number of foreign students authorized to be admitted to each of the military service academies. Authorizes the Secretary to waive, in whole or in part, the requirement for reimbursement for instruction for such person.
(Sec. 537) Expands the authority for the provision of financial assistance to reserve members for the pursuit of a career in the health professions to authorize the Secretary concerned to enter into an agreement to pay a monthly stipend to a person who: (1) is eligible to be appointed as a reserve officer; and (2) is enrolled or has been accepted for enrollment in an accredited medical or dental school. Requires such Secretary to pay the stipend for the period that the student is satisfactorily progressing toward a medical or dental degree. Requires the person, in return, to: (1) complete the program of education; (2) accept an appointment in the reserves based upon the participant's chosen health profession; (3) complete any required residency training; and (4) serve in such capacity in the Selected Reserve for one year for each six months in which the stipend was provided. Makes the service obligation under other defense health professional programs equal to the above requirement.
(Sec. 538) Authorizes the Secretaries of Defense and Veterans Affairs to jointly carry out a pilot program of graduate medical education and training under which DOD medical personnel pursue one or more programs of graduate medical education and training in one or more medical centers of the Department of Veterans Affairs. Requires the Secretary to defray the costs incurred by the Secretary of Veterans Affairs under the program. Requires the program to begin no later than August 1, 2002, and terminate on July 31, 2007. Requires annual program reports from the Secretaries during the program period.
(Sec. 539) Authorizes the Secretary concerned, in order to recruit and retain members with critical military skills, to permit such members who have completed at least six years of service and are entitled to basic educational assistance under the Montgomery GI Bill to elect to transfer up to 18 months of such entitlement to their spouse, child, or combination thereof. Requires the member to designate the transferee(s) and allocation of such entitlement, allowing the designation to be revoked at any time. Provides additional requirements for children accepting an entitlement, as well as additional administrative requirements. Allows approval of transfers of entitlement only to the extent of the availability of appropriations. Requires annual entitlement transfer reports from the Secretary concerned to the defense committees. Requires the Secretary of Defense to submit to Congress a plan for implementation of such program. Provides program funding through FY 2002 military personnel authorizations.
Subtitle D: Decorations, Awards, and Commendations - Authorizes the President to award the Medal of Honor to Humbert R. Versace for acts of valor as a prisoner of war during the Vietnam War.
(Sec. 552) Requires the Secretary of each military department to review the records of certain Jewish American war veterans to determine whether any such veteran should be awarded the Medal of Honor, and to make appropriate recommendations to the President. Waives time limitations concerning such award.
(Sec. 553) Authorizes a person awarded a Medal of Honor to be issued a duplicate of such Medal.
(Sec. 554) Waives certain time limitations with respect to the award of: (1) the Silver Star to Wayne T. Alderson for gallantry during World War II; and (2) the Distinguished Flying Cross to certain persons recommended by the Secretary of the Navy for service during World War II.
(Sec. 555) Expresses the sense of the Senate that the Secretary should consider authorizing the issuance of a campaign medal, to be known as the Korea Defense Service Medal, to each person who served in the Republic of Korea or adjacent waters during the Korean conflict.
Subtitle E: Funeral Honors Duty - Excludes from active-duty authorized end strength limits reserve personnel serving on active duty or full-time National Guard duty to perform funeral honors duty.
(Sec. 562) Allows members or former members in a retired status to perform funeral honors duty. Authorizes the Secretary concerned to pay such members an allowance when performing such duty for at least two hours.
(Sec. 563) Applies provisions of the Uniform Code of Military Justice (UCMJ) to those performing funeral honors duty. Authorizes: (1) commissary store privileges for dependents of a member who died while performing such duty; (2) the payment of a death gratuity to survivors of an individual who died while performing such duty; (3) members of the Coast Guard to perform such duty; and (4) the payment of appropriate veterans' benefits for any period of such duty during which the individual was disabled or died from an injury incurred or aggravated in the line of duty.
(Sec. 564) Authorizes military leave for Federal employees performing funeral honors duty.
Subtitle F: Uniformed Services Overseas Voting - Expresses the sense of the Senate that each administrator of a Federal, State, or local election should ensure that each military voter receives the utmost consideration and cooperation when voting and that each ballot cast by such voter is duly counted.
(Sec. 572) Amends the Uniformed and Overseas Citizens Absentee Voting Act to require a State to ensure that each voting system used for Federal, State, and local offices provides overseas voters and absentee military voters with a meaningful opportunity to exercise their voting rights.
(Sec. 573) Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to provide that, for voting purposes, a person who is absent from a State in compliance with military orders shall not be deemed to have lost a residence in that State, acquired a residence in another State, or become a resident in or of another State.
(Sec. 574) Requires each State, in elections for State and local offices, to: (1) permit absent military voters to use absentee registration procedures and vote by absentee ballot; and (2) accept and process any otherwise valid voter registration application from such voters, as long as the application is received at least 30 days prior to the election.
(Sec. 576) Requires each State to: (1) accept and process the official post card voter form as both an absentee voter registration application and absentee ballot application; and (2) accept and process, with respect to all Federal elections, any otherwise valid absentee ballot application from an absentee military or overseas voter if a single application is received at least 30 days prior to the election.
(Sec. 577) Directs the Secretary to carry out a demonstration project under which absentee military voters are permitted to cast ballots in the regularly scheduled general election for Federal office for November 2002, through an electronic voting system. Requires a report to Congress.
(Sec. 578) Directs the Secretary to promulgate regulations to require each military department to ensure their compliance with any directives issued by the Secretary in implementing the Federal Voting Assistance Program or any similar program. Requires the Inspector General of each military department to: (1) annually review such programs and that department's compliance with such programs; and (2) submit an annual report to the Defense Inspector General on review results. Requires the Defense Inspector General to report to Congress on the programs' effectiveness and levels of compliance by the military departments.
Subtitle G: Other Matters - Authorizes the Secretary to include, in surveys to determine the effectiveness of Federal programs relating to military families and the need for new programs, the survey of members of the families of retired members, as well as the survivors of deceased retired members and members who were on active duty or in an active status.
(Sec. 582) Amends the Spence Act to: (1) include the Army Reserve in a certain recruiting pilot program; and (2) extend the authorized period and reporting dates under such program.
(Sec. 583) Amends the UCMJ to lower the applicable standard of blood alcohol concentration with regard to the operation of a vehicle, aircraft, or vessel from 0.10 to 0.08 grams per 100 millimeters of blood.
(Sec. 584) Authorizes designated DOD civilian employees or members of the Coast Guard to act as notaries.
(Sec. 585) Authorizes the Secretary concerned to amend a person's military record in accordance with a recommendation made by a special board. Directs such Secretary to ensure that a person receives appropriate relief as a result of such correction. Restores such person retroactively, upon his or her consent, to the same status, rights, and entitlements as the person would have had if such record had not needed amendment. Outlines actions to be taken if a person does not so consent. Makes final a recommendation of a special board not to take any corrective action on a record. Allows judicial review of the actions of a selection board only if the person has first been considered by a special board (outlining judicial review procedures, including time limits). States that the above record correction remedies are exclusive. Makes this section inapplicable to the Coast Guard. Allows judicial review of the decision by the Secretary concerned not to convene a special board for such purpose.
(Sec. 586) Authorizes the Secretary concerned to accept voluntary legal services for the civil affairs of military personnel and their dependents. Makes persons providing such services Federal employees for purposes of legal malpractice.
(Sec. 587) Amends the National Defense Authorization Act for Fiscal Year 2000 to extend until April 24, 2003, the Defense Task Force on Domestic Violence.
(Sec. 588) Authorizes the Secretary to provide transportation to annual meetings of next-of-kin of persons unaccounted for from conflicts after World War II.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 2002 pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases, effective January 1, 2002, the rates of basic pay for military personnel.
(Sec. 602) Revises eligibility requirements for basic pay rates for certain reserve commissioned officers with prior service as enlisted members or warrant officers.
(Sec. 603) Allows members of the reserves or National Guard not entitled to basic pay and in a pay grade below E-7 to receive compensation for a period of instruction or duty in satisfaction of educational requirements imposed on such members if the educational activity in is duly approved and the member attains the learning objectives required.
(Sec. 604) Provides the prior-year monthly rate basis of the basic allowance for subsistence (BAS) for purposes of applying certain food-cost increases to such amount. Allows the Secretary to prescribe a higher BAS for enlisted members for whom mess facilities are not available.
Amends the Spence Act to extend until January 1, 2002, certain BAS transitional authority.
(Sec. 605) Requires that, after FY 2002, the rates for basic allowance for housing (BAH) inside the United States may not be less than the median cost of adequate housing for members in that grade and dependency status in that area. Requires the FY 2002 BAH rates to be equal to 92.5 percent of such median amount. Authorizes the Secretary to use FY 2002 military personnel funds to further increase the total amount available for such BAH.
(Sec. 606) Allows only military personnel with dependents to be eligible for the supplemental subsistence allowance.
(Sec. 607) Increases from $200 to $400 the officer active-duty uniform allowance limit while still remaining eligible for an additional uniform allowance.
(Sec. 608) Authorizes the payment of unused accrued leave in excess of 60 days for a member of the reserves serving on active duty, full-time National Guard duty, or active duty for training for a period of more than 30 days but not more than 365 days.
Subtitle B: Bonuses and Special and Incentive Pays - Extends through 2002 specified authorities currently scheduled to expire at the end of 2001 with respect to certain special pay and bonus programs within the regular and reserve armed forces.
(Sec. 615) Includes as a basis for hazardous duty incentive pay the performance of maritime boarding, search, and seizure operations in support of maritime interdiction operations.
(Sec. 616) Authorizes the Secretary of the Navy to prescribe new rates of monthly submarine duty incentive pay. (Currently, there are specific rates depending on grade and years of service.) Limits the maximum amount to $1,000.
(Sec. 617) Prohibits a member from being excluded from career sea pay by virtue of his or her rank, or subjected to a minimum time in service or underway in order to qualify for such pay.
(Sec. 618) Authorizes the Secretary concerned to pay a bonus to an eligible person who enlists, reenlists, or voluntarily extends an enlistment in the reserves for assignment to the Ready Reserve if such enlistment, reenlistment, or voluntary extension is for either three or six years beyond the current obligation. Makes eligible for such bonus a person qualified in a skill or specialty designated as a critically short wartime skill or specialty.
(Sec. 619) Authorizes the payment of an accession bonus to an officer with a critical skill who executes an agreement to serve on active duty in such skill category for a period to be specified in the agreement. Limits the bonus to $20,000. Requires pro rata repayment of the bonus for any period not successfully served, but allows the Secretary concerned to waive such recovery when against equity and good conscience or when contrary to the best interests of the United States. Terminates the bonus authority for any agreements entered into after December 31, 2002.
(Sec. 620) Prohibits participants in the nurse candidate accession program who are enrolled at a civilian educational institution that has a Senior ROTC program from concurrently participating in the latter program.
Subtitle C: Travel and Transportation Allowances - Makes all military personnel (currently limited to those in pay grade E-4 or above) eligible for a BAH while between permanent duty stations. Makes all members (currently only enlisted personnel) eligible for payment of subsistence expenses for temporary lodging incident to reporting to their first duty station.
(Sec. 633) Makes eligible for the primary dislocation allowance: (1) a member whose dependents actually move away from the member's place of residence in connection with a member's move to his or her first permanent duty station; and (2) a family consisting of two married members of the armed forces, without dependents, when one of the members actually moves with the spouse to a new permanent duty station and is assigned to military family quarters.
(Sec. 634) Authorizes a member to be paid a dislocation allowance of $500 when ordered, for the convenience of the Government and not pursuant to a permanent change of station, to occupy or vacate family housing provided by DOD, or by the Department of Transportation in the case of the Coast Guard. Allows the advance payment of such allowance.
(Sec. 635) Authorizes the payment of travel and transportation allowances incident to family members attending the burial of a deceased member of the armed forces for an attendant accompanying a family member when the accompanied person is unable to travel unattended and there is no other eligible family member qualified to serve as the attendant. Authorizes the payment of such attendant's expenses if a deceased member is interred in a cemetery maintained by the American Battle Monuments Commission, but prohibits such amount from exceeding the rates for two days and the time necessary for such travel.
(Sec. 636) Authorizes the payment of a family separation allowance (which cannot be waived by the Secretary concerned) for members electing to serve an unaccompanied tour of duty because the movement of a dependent is denied due to certified medical reasons.
(Sec. 637) Authorizes the payment of a transportation allowance with respect to a member posted to a duty station outside the United States for the child of such member if the child is an exchange student attending a school outside the United States for no more than one year under a program approved by the school inside the United States at which such child is normally enrolled.
(Sec. 638) Authorizes the advance payment of storage costs in lieu of the transportation of privately owned vehicles in connection with a change of permanent station.
Subtitle D: Matters Relating to Retirement and Survivor Benefits - Authorizes a member or former member who is entitled to military retired pay and veterans' disability compensation to be paid both concurrently, subject to the enactment of qualifying offsetting legislation.
Subtitle E: Other Matters - Authorizes the Secretary concerned to purchase U.S. savings bonds for members who: (1) before completing three years of service on active duty, enter into a commitment to perform qualifying service; (2) after completing at least three but no more than nine years of active duty, enter into such a commitment; or (3) after completing nine years on active duty, enter into such a commitment. Defines as qualifying service service performed on active duty in a specialty designated as critical to meet wartime or peacetime requirements that is at least six years in addition to any period of currently-obligated service. Directs the Secretary concerned to purchase $5,000 worth of such bonds, for those under category (1), $15,000 worth for those in category (2), and $30,000 worth for those in category (3). Requires pro rata repayment of bond amounts for unserved periods, with an authorized waiver when against equity and good conscience or contrary to the best interests of the United States. Provides funding for such program through FY 2002 military personnel funds.
(Sec. 662) Directs the Secretary concerned to authorize use of commissary stores for new members of the Ready Reserve at the rate of two days for each month in which the member participates satisfactorily in any required training.
(Sec. 663) Amends the Public Health Service Act and other Federal law to authorize transitional compensation and commissary benefits for dependents of commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration who are separated from such service for dependent abuse.
Title VII: Health Care - Subtitle A: TRICARE Benefits Modernization - Directs the Secretary to: (1) terminate the individual case management program under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); and (2) integrate the beneficiaries under that program into the TRICARE program (a DOD managed health care program).
(Sec. 703) Directs the Secretary to provide long-term health care benefits under TRICARE in an effective and efficient manner that integrates those benefits with those provided under TRICARE on a less than long-term basis. Requires TRICARE post-hospital extended care services provided in a skilled nursing facility to continue for as long as medically necessary and appropriate.
(Sec. 704) Requires TRICARE health care benefits to include extended benefits for dependents who have moderate or severe mental retardation, a serious physical disability, or any extraordinary physical or psychological condition. Allows such benefits to include certain comprehensive health care and case management services, including respite care and home health supplies and services. Requires specified copayments.
Subtitle B: Other Matters - Repeals the requirement for periodic screenings, examinations, and related care for members of Army Reserve units scheduled for early deployment.
(Sec. 712) Authorizes the payment of travel expenses for an adult who must accompany a covered TRICARE beneficiary for the receipt of covered specialty services at a facility more than 100 miles from the residence of the beneficiary.
(Sec. 713) Requires (currently authorizes) amounts paid to another provider of services under TRICARE to be determined by joint regulations among the administering Secretaries. Requires a contract for the provision of such services by either institutional or noninstitutional providers to include a clause that prohibits the provider from billing any covered person for charges for services in excess of the amount paid for those services under such joint regulations.
(Sec. 714) Amends the Spence Act to extend through December 31, 2003, the health care management demonstration program.
(Sec. 715) Directs the Comptroller General (CG) to carry out and report to Congress on a study of the: (1) needs of members of the Selected Reserve and their families for health care benefits; and (2) adequacy and quality of the health care provided to women under CHAMPUS.
(Sec. 717) Authorizes the Secretary and the Secretary of Veterans Affairs to jointly carry out a pilot program for the performance of physical examinations required in connection with the separation of military personnel. Requires the Secretary of Veterans Affairs to perform the examinations under the program, and to be reimbursed therefor by the Secretary. Requires the program to begin by July 1, 2002, and terminate on December 31, 2005. Requires a joint interim and final program report to Congress.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Procurement Management and Administration - Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) to manage the procurement of services for DOD. Directs the Under Secretary to establish a structure for the management of such procurements, with a delegation of such authority to a designated official within each defense agency. Outlines contracting responsibilities of such designated officials, including that contracts or task orders be in the best interests of DOD. Requires the Under Secretary to issue guidelines in the management structure regarding how such officials should carry out their responsibilities.
Directs the Secretary to establish a single data collection system to provide management information with regard to each purchase of services by a military department or defense agency in excess of the simplified acquisition threshold, regardless of the form of the purchase. Directs the Secretary to issue and implement a policy that applies to DOD procurement services a program review structure similar to the one developed for and applied to the procurement of systems by DOD.
Requires the CG, after the Secretary and the Under Secretary take the actions required under this section, to submit to the defense committees an assessment of their compliance.
(Sec. 802) Provides as a goal that DOD use improved management practices to achieve, over ten fiscal years, savings in the procurement of services in a fiscal year equal to ten percent of the total amount of such DOD expenditures for FY 2000. Requires an annual report during such period from the Secretary to the defense and appropriations committees on progress made toward achieving such goal. Requires a review and report by the CG.
(Sec. 803) Directs the Secretary to promulgate, in the Department of Defense Supplement to the Federal Acquisition Regulation, regulations requiring competition in the purchase of products and services by DOD pursuant to multiple award contracts. Requires an annual report from the Secretary to the defense and appropriations committees.
(Sec. 804) Requires each critical technology to be used in production under a major defense acquisition program to be successfully demonstrated in a relevant environment, as determined in writing by the Under Secretary. Prohibits either Milestone B approval or initiation of the program without Milestone B approval prior to such demonstration, with a waiver by the Under Secretary due to exceptional circumstances. Requires an annual report from the Secretary to the defense committees on any waivers granted.
(Sec. 805) Amends the National Defense Authorization Act for Fiscal Year 1994 to allow a transaction entered into for a prototype project satisfying specified cost-sharing requirements to provide for the award of a follow-on production contract to the transaction participants for a specific number of units at specific target prices.
Subtitle B: Defense Acquisition and Support Workforce - Requires the Secretary to report to the defense committees on the extent of implementation of the recommendations set forth in the final report of the Department of Defense Acquisition 2005 Task Force concerning the future civilian acquisition workforce. Requires the CG to review such report and provide a report assessment to such committees.
(Sec. 812) Prohibits the defense acquisition and support workforce, during FY 2002 through 2004, from being reduced below the workforce level as of September 30, 2001, determined on the basis of full-time equivalent positions. Authorizes the Secretary to waive such prohibition after a specified certification to Congress.
(Sec. 813) Authorizes the Secretary to identify as a contingency contracting force those acquisition positions that involve duties requiring the personnel to deploy to perform contracting functions in support of a contingency operation or other DOD operation. Requires the Secretary to prescribe the qualifications for such positions. Provides exceptions to such qualifications.
Subtitle C: Use of Preferred Sources - Requires the Secretary, before purchasing a product listed in the latest edition of the Federal Prison Industries catalog, to conduct market research to determine whether such product is comparable in price, quality, and time of delivery to products available in the private sector. Requires the Secretary, upon a negative determination, to use competitive procedures for such procurement. Provides exemptions.
(Sec. 822) Directs the Secretary to require the Secretary of each military department, the head of each defense agency, and the head of each DOD field activity to ensure that the decisions made by that official regarding the consolidation of contract requirements for such department, agency, or activity are made with a view to providing small businesses with appropriate opportunities to participate in DOD procurements as prime contractors and subcontractors. Prohibits such official from executing an acquisition strategy that includes a consolidation of contract requirements with a total value in excess of $5 million unless the senior procurement executive concerned first: (1) conducts market research; (2) identifies any alternative contracting approaches that would involve a lesser degree of consolidation of contract requirements; and (3) determines that the consolidation is necessary and justified. Requires the Secretary to revise DOD data collection systems to ensure identification of consolidations in excess of $5 million.
(Sec. 823) Codifies the Mentor-Protege Program (a program to encourage major DOD contractors to furnish eligible small businesses the opportunity to perform as subcontractors and suppliers under DOD procurement and other contracts) as established under the National Defense Authorization Act for Fiscal Year 1991. Requires annual program reports from the Secretary to Congress at the end of FY 2001 through 2004.
Subtitle D: Amendments to General Contracting Authorities, Procedures, and Related Matters - Replaces references to "engineering and manufacturing development" with "system development and demonstration" with respect to defense major acquisition phase terminology. Replaces Milestone I, II, and III references with Milestone A, B, and C references.
(Sec. 832) Makes a prohibition on the DOD purchase of goods other than U.S. goods inapplicable to small purchases (less than $25,000) of miniature or instrument ball or roller bearings under certain circumstances.
Title IX: Department of Defense Organization and Management - Establishes the position of Deputy Under Secretary of Defense for Personnel and Readiness to assist the Under Secretary of Defense for Personnel and Readiness. Reduces from nine to eight the number of Assistant Secretaries of Defense.
(Sec. 902) Makes the Under Secretary of the Air Force responsible for planning, contracting for, and managing the acquisition of space launch vehicles and services for DOD and the National Reconnaissance Office.
(Sec. 903) Expresses the sense of Congress the Secretary should give careful consideration to recommending an officer of the Army or Marine Corps when considering officers for recommendation to the President for appointment as Commander in Chief, United States Transportation Command.
(Sec. 904) Redesignates the Office of the Deputy Chief of Naval Operations for Resources, Warfare Requirements, and Assessments as the Office of the Deputy Chief of Naval Operations for Warfare Requirements and Programs.
(Sec. 905) Revises information requirements with respect to an annual report on joint warfighting experimentation.
(Sec. 906) Prohibits the Secretary of the Navy, during a specified conditional period which includes a certification requirement, from commencing or continuing any change in engineering or technical authority policy for the Naval Sea Systems Command or its subsidiary activities.
(Sec. 907) Changes references to "Military Airlift Command" to "Air Mobility Command."
Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer up to $2 billion of the amounts made available to DOD in this Act for FY 2002 between any such authorizations for that fiscal year. Requires congressional notification of each transfer.
(Sec. 1002) Reduces by $1.63 billion the total amount authorized to be appropriated for DOD in Divisions A and B of this Act, to reflect savings achieved through certain management efficiencies and business process reforms.
(Sec. 1003) Adjusts amounts authorized to be appropriated in the Spence Act by the amount by which appropriations pursuant to such authorization were increased or decreased under Title I of the Supplemental Appropriations Act, 2001.
(Sec. 1004) Revises the amount to be contributed by the Secretary in FY 2002 for the common-funded budgets of NATO (rather than the maximum amount that would otherwise be applicable under the FY 1998 baseline limitation).
(Sec. 1006) Directs the Secretary to submit annually to the Director of the Office of Management and Budget, the Secretary of the Treasury, the CG, and specified congressional committees a report on the reliability of DOD financial statements, including those of the military departments. Requires certain actions to be take with respect to statements found to be unreliable, including minimizing the resources used to develop, compile, and report the statement. Outlines statement audit requirements.
(Sec. 1007) Directs the Secretary to establish a Senior Financial Management Oversight Council to: (1) establish a financial and feeder systems compliance process; (2) develop a management plan to implement such process; and (3) supervise and monitor the actions necessary to implement the management plan. Requires a report from the Secretary to the defense committees.
(Sec. 1008) Authorizes the Chairman of the Joint Chiefs of Staff (JCS), using funds from the DOD account known as the Combating Terrorism Readiness Initiatives Fund, to provide funds to the commander of a combatant command or a designated officer for the procurement and maintenance of physical security equipment and related activities.
Subtitle B: Strategic Forces - Amends the National Defense Authorization Act for Fiscal Year 1998 to repeal a limitation on the retirement or dismantlement of strategic nuclear delivery systems.
(Sec. 1012) Prohibits FY 2002 DOD funds from being obligated or expended for retiring or dismantling any of the 93 B-1B Lancer bombers in service as of June 1, 2001, or tranferring or reassigning any such aircraft, until the President and the Secretary have submitted specified reports to Congress concerning such aircraft. Requires a follow-up study and report by the CG.
(Sec. 1013) Amends the Spence Act to add an additional element to be included by the Secretary as part of the revised nuclear posture review.
Subtitle C: Reporting Requirements - Directs the Secretary to compile a list of all provisions of law that require or request the President, with respect to national defense functions, or any DOD officer or employee, to submit a report, notification, or study to Congress or a congressional committee. Makes such requirement inapplicable to a provision that requires or requests only one report, notification, or study.
(Sec. 1022) Directs the Secretary to report to Congress on DOD policies, plans, and procedures for combating terrorism.
(Sec. 1023) Requires the JCS Chairman, as part of the defense quadrennial review, to submit to the Secretary an assessment of the assignment of functions (roles and missions) to the armed forces, together with recommendations for changes in such assignment in order to achieve maximum efficiency. Repeals a required triennial report on the assignment of such roles and missions.
(Sec. 1024) Revises the deadline for an annual report on the conversion of DOD commercial and industrial functions.
(Sec. 1025) Authorizes the Secretary, subject to the availability of appropriations, to: (1) design, construct, and operate a facility for the production of vaccines against biological warfare agents; (2) qualify and validate the facility; and (3) contract with a private sector source for the production of such vaccines at the facility. Requires the Secretary to develop a long-range plan for the production and acquisition of such vaccines, and to report to the defense and appropriations committees on such plan.
(Sec. 1026) Amends the Spence Act to extend report and termination dates of the Commission on the Future of the United States Aerospace Industry.
Subtitle D: Armed Forces Retirement Home - Amends Federal provisions establishing the Armed Forces Retirement Home (Home) to: (1) redesignate the United States Soldiers' and Airmen's Home as the Armed Forces Retirement Home - Washington and the Naval Home as the Armed Forces Retirement Home - Gulfport; (2) authorize the Secretary to acquire and dispose of property as needed for the Home, and to make available from DOD certain Home support services; (3) require the Secretary to report annually on Home financial and other affairs; (4) replace the Retirement Home Board with the Chief Operating Officer of the Retirement Home, responsible for overall Home direction, operation, and management; (5) allow the Chief Operating Officer to accept gifts on behalf of the Home; (6) transfer to the Chief Operating Officer other current responsibilities of the Retirement Home Board; (7) repeal a provision requiring a Home resident who is absent for more than 45 days to reapply for acceptance; (8) revise generally provisions concerning determinations of the monthly fees to be paid by residents; (9) require each Home facility to have a Local Board of Trustees to serve in an advisory capacity to the facility Director and the Chief Operating Officer; (10) require the Secretary to appoint a Director (current law) and Deputy Director for each Home facility, with specified duties; (11) require each attorney appointed as a fiduciary for the estate of a deceased resident to be a full-time officer or employee of the United States or member of the armed forces on active duty; and (12) repeal specified Federal provisions made obsolete by the above changes.
Subtitle E: Other Matters - Requires (currently authorizes) the Secretary to conduct the National Guard Challenge and STARBASE programs (educational programs for children and youth).
(Sec. 1062) Prohibits any person from possessing significant military equipment formerly owned by DOD unless: (1) such equipment has been demilitarized; (2) the person is in possession to demilitarize the equipment pursuant to a Federal contract; or (3) the person is specifically authorized by law or regulation to possess such equipment. Requires the Secretary to notify the Attorney General (AG) of violations. Authorizes the AG to require any person to demilitarize the equipment, have the equipment demilitarized by a third party, or return such equipment for demilitarization. Requires the Secretary to prescribe demilitarization standards.
(Sec. 1063) Amends the Defense Against Weapons of Mass Destruction Act of 1996 to authorize the Secretary to convey property to a State or local government that is already loaned to such State or local government, if the property is used for emergency response to a use or threatened use of a weapon of mass destruction.
(Sec. 1064) Authorizes the Secretary of Veterans Affairs to pay a gratuity of $20,000 to a veteran or civilian internee (or their surviving spouse) who served in or with U.S. combat forces during World War II, was captured and held as a prisoner of war by Japan, and was required by Japan or one or more Japanese corporations to perform slave labor during such War.
(Sec. 1065) Allows any Federal employee, member of a foreign service, member of an armed force, any family member or dependent of such employee or member, or other individual traveling at Government expense who receives promotional items as a result of using Federal or military transportation services to retain such promotional item for personal use if the item is obtained under the same terms as those offered to the general public and at no additional cost to the Government.
Title XI: Department of Defense Civilian Personnel Policy - Subtitle A: Intelligence Personnel - Authorizes the Secretary to increase the maximum number of positions in the Defense Intelligence Senior Executive Service by the number of such positions in the Central Intelligence Agency that are eliminated by the Director of Central Intelligence, but limits the total number of such positions to 544 (formerly 517).
(Sec. 1102) Provides for the continued applicability (as long as there is no break in service) of certain civil service protections for Defense Mapping Agency employees integrated into the National Imagery and Mapping Agency.
Subtitle B: Matters Relating to Retirement - Provides Federal employee retirement credit under the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) for service performed with a nonappropriated fund instrumentality of DOD or the Coast Guard, as long as such employee elects such credit at the time of separation from such service. Prohibits such service from being credited under any other retirement system.
(Sec. 1112) Removes the requirement that a Federal employee must have at least five years of creditable service under CSRS or FERS in order to elect, upon transferring to employment in a nonappropriated fund instrumentality of DOD or the Coast Guard, to remain covered under CSRS or FERS during the latter employment.
(Sec. 1113) Amends the Spence Act to repeal the FY 2003 limitation on the exercise of the voluntary separation incentive pay and voluntary early retirement authorities.
Subtitle C: Other Matters - Entitles the chaplain for the United States Military Academy to a housing allowance equal to that applicable for an officer at the Academy in pay grade O-5.
(Sec. 1122) Requires the CG to study and report to Congress on the adequacy of the pay and other elements of compensation provided for teachers in the defense dependents' education system established under the Defense Dependents' Education Act of 1978.
(Sec. 1123) Authorizes the Secretary to carry out a pilot program to facilitate the reemployment of DOD employees involuntarily separated due to a reduction in force or a relocation resulting from a transfer of function. Authorizes the Secretary to pay a retraining incentive (with limits) to employers who reemploy such individuals. Prohibits any retraining incentive from being paid for training commenced after September 30, 2005.
Title XII: Matters Relating to Other Nations - Subtitle A: Cooperative Threat Reduction With States of the Former Soviet Union - Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits funds from being used for purposes other those specified until 30 days after the Secretary reports to Congress on such purpose. Provides limited authority to vary allocated amounts, after congressional notification.
(Sec. 1203) Amends the National Defense Authorization Act for Fiscal Year 2000 to require a specified certification from the Secretary to Congress before FY 2000 CTR funds may be used to construct a chemical weapons destruction facility in Russia.
(Sec. 1204) Empowers the Secretary with authority, direction, and control over the management of CTR programs and their funding. Makes the Defense Threat Reduction Agency the executive agent of DOD for functions relating to CTR programs. Requires each DOD budget to include amounts requested for CTR programs.
(Sec. 1205) Amends the Spence Act to include an additional matter in an annual report of activities and assistance under CTR programs.
Subtitle B: Other Matters - Limits to $15 million the total assistance authorized to be provided by the Secretary for support of United Nations-sponsored efforts to inspect and monitor Iraqi weapons activities. Extends such authority through FY 2002.
(Sec. 1212) Authorizes friendly foreign countries to participate with DOD in cooperative research and development projects for defense equipment and munitions. Authorizes the Secretary to delegate the authority to determine project eligibility to one other DOD official. Requires the Secretary to submit to specified congressional committees an annual report on the determination of countries eligible for such projects. (Currently, such report is required jointly of the Secretaries of Defense and State whenever they consider it to be warranted.)
(Sec. 1213) Authorizes the Secretary, with the concurrence of the Secretary of State, to enter into a memorandum of understanding with a foreign country or international organization to provide reciprocal access to ranges and other facilities for the testing of defense equipment. Requires in such memorandum provisions for the payment of range and user facilities costs, limiting the delegation of authority with respect to the determination of such costs.
(Sec. 1214) Authorizes the Secretary to test, maintain, repair, or replace nuclear test monitoring equipment furnished to foreign governments. Deletes a provision requiring such equipment to be returned to the United States if either party to a monitoring agreement determines that the agreement no longer serves its interests.
(Sec. 1215) Amends the Chemical Weapons Convention Implementation Act of 1998 to require the United States National Authority to coordinate the designation of contractor personnel who shall be led by a Federal employee during the inspection of a U.S. chemical weapons plant, site, or other facility.
(Sec. 1216) Authorizes the President to transfer specified naval vessels: (1) on a grant basis to Poland and Turkey; and (2) on a sale basis to Taiwan and Turkey. Makes specified vessel transfer limitation laws inapplicable to such transfers, and prohibits transfers made on a grant basis from being counted against annual limits on the transfer of excess defense articles. Requires all transfer costs to be borne by the recipients. Directs the President to require that the country to which such vessels are transferred have any necessary vessel repair or refurbishment performed at a shipyard in the United States, including a Navy shipyard.
Title XIII: Contingent Authorization of Appropriations - Allows the total amounts authorized to be appropriated under this Act for military personnel, RDT&E, O&M and working capital funds, and military construction to be so appropriated without reduction under the next section only if: (1) the Chairman of the Senate Budget Committee determines that such total appropriation would not reduce the budget surplus below the level of the Medicare Hospital Insurance Trust Fund surplus, and appropriately increases the allocation of new budget authority for defense spending; or (2) the Senate waives points of order under the Congressional Budget and Impoundment Control Act of 1974 with respect to an appropriations bill or resolution that provides a higher budget authority for defense spending, and subsequently approves the bill or resolution. Provides a target amount for an increase in such budget authority which, if reached, would require that no appropriation reduction be made.
(Sec. 1302) Reduces by specified amounts the total amounts authorized to be appropriated for the categories above, until the allocation of the new budget authority.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2002 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2001 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105) Amends the Military Construction Authorization Act for Fiscal Year 2001 to increase the amounts authorized for construction projects at Fort Leonard Wood, Missouri, Fort Drum, New York, and Fort Hood, Texas.
Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year: (1) 2001 to reduce the amounts authorized for construction projects at the Naval Shipyard in Puget Sound, Washington, and the Naval Station in Bremerton, Washington; and (2) 2000 to increase the amount authorized for a construction project at Camp H.M. Smith, Hawaii.
Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI.
(Sec. 2305) Amends the Military Construction Authorization Act for Fiscal Year 2001 to reduce the number of family housing units under a construction project at Mountain Home Air Force Base, Idaho.
Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out certain energy conservation projects. Authorizes appropriations to DOD for fiscal years after 2001 military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.
(Sec. 2404) Amends prior military construction authorization Acts to: (1) remove a project (and its authorized funds) at the Marine Corps Base, Camp Pendleton, California; (2) decrease the amounts authorized for unspecified worldwide projects; (3) increase the amounts authorized for projects at the Blue Grass Army Depot, Kentucky, Fort Wainwright, Alaska, and the Naval Air Station, Whidbey Island, Washington; and (4) increase the amounts authorized for projects at the Aberdeen Proving Ground, Maryland, and the Pine Bluff Arsenal, Arkansas.
Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2001 for such Program.
Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 2001 for the Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in Titles XXI through XXVI of this Act on October 1, 2004, or the date of enactment of an Act authorizing funds for military construction for FY 2005, whichever is later, with exceptions. Extends certain prior-year military construction projects.
Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Increases from $500,000 to $750,000 the minor real property transaction threshold before certain congressional notification and reporting is required from the Secretary concerned.
(Sec. 2802) States that limitations on authorized military construction project cost increases shall not apply to the cost of any environmental hazard remediation required by law if the remediation could not have been reasonably anticipated at the time of original project approval.
(Sec. 2803) Repeals required annual reports concerning military construction and family housing activities.
(Sec. 2804) Authorizes the Secretary to use current non-excess DOD property leasing authority to acquire or improve military family housing.
(Sec. 2805) Authorizes the Secretary, during any fiscal year in which a contract is awarded for the acquisition or construction of military family housing units that are not to be owned by the United States, to transfer amounts from military housing support funds in order to provide a basic housing allowance for the personnel assigned to such housing.
Subtitle B: Real Property and Facilities Administration - Amends the Federal Property and Administrative Services Act of 1949 to make the proceeds of sales of DOD property from a closed military installation available for facility maintenance and repair or environmental restoration by the military department that had jurisdiction over such property.
(Sec. 2812) Authorizes the Secretary to carry out a pilot program, to be known as the Pilot Efficient Facilities Initiative, to determine the potential for increasing the efficiency and effectiveness of the operation of military installations. Authorizes the Secretary to designate up to two installations of each military department to participate (requiring notification to the defense committees of the installations chosen). Requires a management plan for each installation. Establishes in the Treasury the Installation Efficiency Project Fund to manage capital assets and provide support services at participating installations. Terminates the Secretary's authority to carry out the Initiative four years after the enactment of this Act. Requires a report to Congress.
(Sec. 2813) Authorizes the Secretary of the Army to conduct a demonstration program to assess the feasibility and desirability of including facility maintenance requirements in contracts for military construction projects. Limits the program period to five years. Requires such Secretary, during such period, to report annually to the defense and appropriations committees. Provides program funding from Army military construction funds.
Subtitle C: Land Conveyances - Authorizes the Secretary of the Army to convey to the Commonwealth of Virginia two parcels of real property at the Engineer Proving Ground, Fort Belvoir, Virginia. Makes such Secretary responsible for any required environmental remediation.
(Sec. 2822) Amends the Military Construction Authorization Act for Fiscal Year 2001 to authorize the conveyance of any or all (currently, only all) of the Naval Computer and Telecommunications Station in Cutler, Maine.
(Sec. 2823) Authorizes the Secretary of the Navy to transfer to the Secretary of the Interior jurisdiction over the Schoodic Point property within the Acadia National Park, Maine. Authorizes the Secretary to convey to the State of Maine the former facilities of the Naval Security Group Activity, Winter Harbor, Maine. Authorizes the Secretary of the Navy to transfer to the Secretary of the Interior any personal property associated with the Schoodic Point property.
Requires the Secretary of the Navy to maintain the Schoodic Point property pending conveyance, allowing the use of an interim lease. Authorizes the Secretary of the Navy to require each recipient of the Winter Harbor property to reimburse the Secretary for environmental assessment, study, or analysis costs.
(Sec. 2824) Authorizes the Secretary of the Air Force to convey to the Loring Development Authority, Maine, a specified segment of the Loring Petroleum Pipeline, Maine. Requires the Authority to reimburse such Secretary for environmental costs.
(Sec. 2825) Authorizes the Secretary of the Air Force to convey to the Maine Port Authority the petroleum terminal at Mack Point, Searsport, Maine, which served former Loring Air Force Base and Bangor Air National Guard Base. Requires the Authority to reimburse such Secretary for environmental costs.
(Sec. 2826) Authorizes the Secretary of the Navy to convey to the Toledo-Lucas County Port Authority, Ohio, the Naval Weapons Industrial Reserve Plant in Toledo, for economic development or other appropriate purposes. Requires the Authority to reimburse such Secretary for environmental costs.
Subtitle D: Other Matters - Authorizes the Secretary of the Army to enter into a partnership with the Military Heritage Foundation for the design, construction, and operation of a facility for the United States Army Heritage and Educational Center at Carlisle Barracks, Pennsylvania, for the curation and storage of Army artifacts and related activities. Allows the Commandant of the Army War College to accept gifts totaling up to $250,000 for the benefit of the Center.
(Sec. 2842) Prohibits funds authorized under this or any other Act from being obligated or expended for the construction of secure secretarial offices and support facilities at the Pentagon Reservation until the Secretary makes a certain certification to the defense and appropriations committees concerning force protection requirements.
(Sec. 2843) Designates the Oxford Army National Guard Readiness Center in Oxford, Mississippi, as the Patricia C. Lamar Army National Guard Readiness Center.
Title XXIX: Defense Base Closure and Realignment - Subtitle A: Modifications of 1990 Base Closure Law - Amends the Defense Base Closure and Realignment Act of 1990 to: (1) extend through January 24, 2003, the authority for appointment of members of the Defense Base Closure and Realignment Commission (also extending Commission meeting and funding requirements); (2) extend through 2003 the authority of the Commission to carry out base closures and realignments; (3) require the Secretary to include, in defense budget justification documents for FY 2003, a force-structure plan for the armed forces based on the Secretary's assessment in the quadrennial defense review of the probable threats to U.S. security during the twenty-year period beginning with FY 2003; and (4) extend through 2003 authorities for determinations of which bases to close or realign, DOD recommendations for such closures and realignments, Commission review and recommendations, and presidential review of such recommendations.
(Sec. 2902) Establishes in the Treasury the Department of Defense Base Closure Account 2003 to implement base closures and realignments after September 30, 2003. Requires the Secretary to notify the defense and appropriations committees when a decision is made to use funds to carry out a construction project in connection with a base closure or realignment, and such funds exceed the amount authorized for a minor military construction project. Requires reports on Account funds used. Provides for the deposit of proceeds of the transfer or other disposal, in connection with the closure or realignment of a base, of property originally acquired, constructed, or improved with commissary store or nonappropriated funds. Makes the above Account the exclusive source of funds for environmental restoration projects required as part of a base closure or realignment.
(Sec. 2903) Increases from eight to nine the membership of the Commission. Requires military value to be the primary consideration in making recommendations for base closures or realignments. Directs the Secretary, based on the required force-structure plan and the final selection criteria submitted, to carry out a comprehensive review of DOD installations inside the United States, and, in considering installations for closure or realignment, to consider the anticipated continuing need for and availability of military installations worldwide. Requires the Secretary, in making recommendations, to consider any notice from a local government that it would approve the closure or realignment of an installation in that area. Requires the Commission, when considering changing installation recommendations of the Secretary, to invite the Secretary to testify at a public or closed hearing on the proposed change. Allows the Secretary to carry out privatization in place of a military installation recommended for closure or realignment by the Commission only if such privatization in place is a method specified by the Commission and determined to be the most cost-effective method of implementation of the recommendation.
Allows a property lease, entered into between the United States and the redevelopment authority concerned for the lease-back to the United States of property at a closed or realigned installation, to require the United States to pay such redevelopment authority for facility services and common area maintenance provided for the leased property.
Repeals a provision which terminated on November 30, 1998, the authority of the Secretary to transfer real property or facilities for the performance of required environmental remediation.
Subtitle B: Modification of 1988 Base Closure Law - Amends the Defense Authorization Amendments and Base Closure and Realignment Act of 1988 to authorize the Secretary to transfer real property at an installation approved for closure or realignment to the redevelopment authority for the installation if such authority agrees to lease one or more portions of the property back to the Secretary or the head of another Federal department or agency. Makes such leases for a 50-year period, allowing any unneeded remainder of a lease term to be used by the same or another Federal department or agency. Allows a lease entered into between the United States and a redevelopment authority to require the United States to pay the redevelopment authority for facility services and common area maintenance provided for the leased property.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 2002 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) defense nuclear nonproliferation; (3) naval reactors; (4) the National Nuclear Security Administration; (5) defense environmental restoration and waste management; (6) other defense activities; (7) defense environmental management privatization activities; and (8) defense nuclear waste disposal.
Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the amount authorized or $2 million more than the amount so authorized; or (2) programs which have not been presented to, or requested of, Congress until the Secretary of Energy (Secretary, for purposes of this Division) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired.
(Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits.
(Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes. Requires notification to the defense committees of any such transfers.
(Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount.
(Sec. 3126) Authorizes the use of DOE funds for planning, design, or construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used.
(Sec. 3129) Directs the Secretary, during FY 2002, to empower each DOE field office manager with the authority to transfer defense environmental management funds from a program or project under such office's jurisdiction to another program or project in order to address a risk to health, safety, or the environment or to assure the most efficient use of such funds at that field office. Limits such transfer to a total of $5 million per fiscal year. Directs the Secretary to notify Congress within 30 days after any such transfer.
(Sec. 3130) Directs the Secretary, during FY 2002, to empower each DOE field office manager with the authority to transfer weapons activities funds from a program or project under the jurisdiction of such office to another program or project in order to address a risk to health, safety, or the environment or to assure the most efficient use of such funds at that field office. Limits each transfer to $5 million. Directs the Secretary to notify Congress within 30 days after any such transfer.
Subtitle C: Program Authorizations, Restrictions, and Limitations - Prohibits more than 50 percent of the funds made available in this Division for weapons activities for facilities and infrastructure from being obligated or expended until the Administrator for Nuclear Security (Administrator) submits a specified report to the defense and appropriations committees.
(Sec. 3132) Prohibits more than $5 million of the funds authorized for national security programs administrative support from being obligated or expended until the later of the date on which the: (1) Secretary reports to Congress on the purposes of such funds; or (2) Administrator submits to Congress the future-years nuclear security program for FY 2002 as required under prior law.
(Sec. 3133) Prohibits funds authorized for the Nuclear Cities Initiative after FY 2001 from being obligated or expended with respect to more than three Russian nuclear cities, or more that two serial production facilities in Russia, until 30 days after the Administrator submits to the defense committees an agreement signed by the Russian Federation on access to the ten closed nuclear cities and four serial production facilities of the Initiative. Requires an annual report on financial and programmatic activities with respect to the Initiative.
(Sec. 3134) Authorizes the Secretary to provide for the design and construction of a new operations office complex for DOE in accordance with a feasibility study conducted under the National Defense Authorization Act for Fiscal Year 2000.
Subtitle D: Matters Relating to Management of National Nuclear Security Administration - Amends the National Nuclear Security Administration Act to establish within the National Nuclear Security Administration a Deputy Administrator for Nuclear Security, to be the principal assistant to the Administrator.
(Sec. 3142) Eliminates the requirement that the heads of national security laboratories and nuclear weapons production facilities report to the Deputy Administrator for Defense Programs.
(Sec. 3144) Increases from 300 to 500 the number of scientific, engineering, and technical positions authorized to be established by the Administrator.
Subtitle E: Other Matters - Amends the Energy Employees Occupational Illness Compensation Program Act to include as a covered illness under such Program leukemia if initial occupation exposure occurred before 21 years of age and onset occurred more than two years after such initial exposure. Allows members of a class of employees at an atomic weapons employer facility to be treated as members of the Special Exposure Cohort. Requires (currently authorizes) the survivor of a covered atomic weapons facility employee or covered uranium employee to receive the compensation benefit provided under the Program, allocating such compensation among the surviving spouse and any children. Revises generally provisions concerning the dismissal of pending suits and payment of attorney fees. Requires the National Institute for Occupational Safety and Health to conduct a study of residual contamination in any atomic weapons facility or facility of a beryllium vendor after the discontinuation of activities related to the production of nuclear weapons.
(Sec. 3152) Directs the Secretary to submit to the defense and appropriations committees a plan for conducting, as part of DOE personnel assurance programs, an interim counterintelligence polygraph program consisting of polygraph examinations of employees or contractor employees at DOE facilities. Provides certain examination exemptions. Requires the Secretary, after obtaining results of a DOE-wide Polygraph Review, to prescribe a proposed rule for a counterintelligence polygraph program for DOE. Repeals existing polygraph requirements. Requires the Administrator to report to Congress recommendations for legislative actions necessary to enhance the DOE personnel security program.
(Sec. 3153) Amends the National Defense Authorization Act for Fiscal Year: (1) 2000 to extend through January 4, 2003, the authority of DOE to pay voluntary separation incentive payments; (2) 1993 to add an additional requirement under the DOE defense nuclear facility work force restructuring plan; and (3) 1999 to revise reporting dates of a panel assessing the reliability, safety, and security of the U.S. nuclear weapons stockpile.
(Sec. 3156) Requires the Administrator to notify the defense and appropriations committees when the National Ignition Facility of the Lawrence Livermore National Laboratory, California, achieves Level one and two milestones. Requires a report on the failure of timely achievement of such milestones.
(Sec. 3157) Earmarks authorized funds for: (1) support through FY 2004 for public education in the vicinity of the Los Alamos National Laboratory, New Mexico; and (2) safety improvements to the Corral Hollow Road adjacent to Site 300 of the Lawrence Livermore National Laboratory.
Subtitle F: Rocky Flats National Wildlife Refuge - Rocky Flats National Wildlife Refuge Act of 2001 - Provides that the United States shall retain all right, title, and interest to lands within the Rocky Flats Environmental Technology Site, Colorado.
(Sec. 3175) Provides for the transfer of administrative jurisdiction over Rocky Flats from the Secretary to the Secretary of the Interior. Excludes the transfer of certain property and facilities used to intercept, treat, or control hazardous substances and for purposes related to required environmental response actions. Requires the Secretary to carry out to completion cleanup and closure at Rocky Flats.
(Sec. 3177) Directs the Secretary of the Interior to establish: (1) the Rocky Flats National Wildlife Refuge; and (2) a process for public involvement in developing plans for the management of fish and wildlife and public uses of the Refuge.
(Sec. 3180) Authorizes the Secretary to establish a Rocky Flats Museum.
(Sec. 3181) Requires a joint report from the above Secretaries on funding required to implement this Subtitle.
Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 2002 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: National Defense Stockpile - Authorizes the President to dispose of specified obsolete or excess materials in the National Defense Stockpile (NDS).
(Sec. 3302) Revises generally limitations on required disposals of cobalt in the NDS under prior defense authorization Acts.
(Sec. 3303) Amends the National Defense Authorization Act for Fiscal Year: (1) 1998 to accelerate by one fiscal year certain required disposals of cobalt from the NDS; and (2) 1996 to prohibit the President, during FY 2002, from disposing high carbon manganese ferro that meets specified requirements. Repeals a provision requiring the remelting of manganese ferro that does not meet such requirements.
Title XXXIV: Naval Petroleum Reserves - Authorizes appropriations to the Secretary for FY 2002 to carry out activities relating to the naval petroleum reserves.